Agreement to Forfeit One’s Share in Inheritance

Q,. A man does not want his daughter to inherit in his estate as she has a very wealthy husband. He makes an agreement with her, paying her a sum of money to forfeit her share or sell her share of inheritance. Is ths agreement valid in Islam?

A. This agreement is baatil. It is sinful to enter into an agreement which the Shariah disallows. The father is guilty of a grievous sin in attempting to deprive his daughter of her rightful share of inheritance. The argument of her husband being wealthy has absolutely no validity in the Shariah.

Even if they conclude this baatil agreement, the daughter will still be entitled to her share on the death of her father. This agreement being null has no effect on her right of inheritance. It is not permissible for her to accept the money which her father offers her as the price of her inheritance.

It appears in the Hadith that those who deprive heirs of their rightful share of inheritance will be sealed in steel coffins and flung into Jahannum on the Day of Qiyaamah.

(From The Majlis Questions and Answers)